Scappoose Wills & Probate Lawyer, Oregon, page 2

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Timothy J. Doherty
About | Practice Areas
Law Office of Timothy J. Doherty
10 Crater Lake Ave Medford, OR 97504» view map
Estate Law
Experience You Can Trust

The topic of wills and trusts can be confusing, but my job is to help you decide what’s right for you. Call me to set up a free consultation.

800-878-0640
1. Timothy J. Doherty Medford, OR
  Attorney at Law- OR
  Empire College School of Law, J.D. 2012
2. AboutLaw Office of Timothy J. Doherty
  Experience You Can Trust
3. Practice AreasExpertise
  Estate
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Includes: Estate Administration, Living Wills, Wills

Shule A Washburn

Estate Administration, Estate Planning, Family Law, Divorce

Status: In Good Standing Licensed: 8 Years

CONTACT

420 SW Washington St, Happy Valley, OR 97204

Susan B. Bock

Wills, Trusts, Estate, Corporate

Status: In Good Standing Licensed: 26 Years

CONTACT

760 Sw Ninth Avenue, Happy Valley, OR 97205

David Samuel Watnick

Wills, Trusts

Status: In Good Standing Licensed: 9 Years

CONTACT

1120 Nw Couch St, Happy Valley, OR 97209

Alexander L Gund

Intellectual Property, Wills, Business & Trade

Status: In Good Standing Licensed: 13 Years

CONTACT

600 NW Naito Pkwy, Happy Valley, OR 97209

John Alan Hirschy

Real Estate, Lawsuit & Dispute, Wills & Probate, Child Custody

Status: In Good Standing Licensed: 42 Years

CONTACT

805 Sw Broadway, Happy Valley, OR 97205

Michael B. Merchant

Real Estate, Lawsuit & Dispute, Wills & Probate, Child Custody

Status: In Good Standing Licensed: 36 Years

CONTACT

805 Sw Broadway, Happy Valley, OR 97205

Katharine Laura West

Lawsuit & Dispute, Wills, Trusts, Estate

Status: In Good Standing Licensed: 27 Years

CONTACT

4713 N Albina Ave, Happy Valley, OR 97217

Michael Philip Kerner

Wills, Trusts, Estate Planning, Estate

Status: In Good Standing Licensed: 45 Years

CONTACT

121 Sw Morrison Street, Happy Valley, OR 97204

Thomas R Graves

Intellectual Property, Industry Specialties, Wills, Business & Trade

Status: In Good Standing Licensed: 19 Years

CONTACT

600 Nw Naito Pkwy, Happy Valley, OR 97209

Jeffrey Paul Kapp

Education, Real Estate, Immigration, Wills & Probate

Status: In Good Standing Licensed: 21 Years

CONTACT

1211 Sw 5Th Ave, Happy Valley, OR 97204

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LEGAL TERMS

AUGMENTED ESTATE

In general terms, an augmented estate consists of property owned by both a deceased person and his or her spouse. The concept of the augmented estate is used on... (more...)

In general terms, an augmented estate consists of property owned by both a deceased person and his or her spouse. The concept of the augmented estate is used only in some states. Its value is calculated only if a surviving spouse declines whatever he or she was left by will and instead claims a share of the deceased spouse's estate. (This is called taking against the will.) The amount of this 'statutory share' or 'elective share' depends on state law.

IRREVOCABLE TRUST

A permanent trust. Once you create it, it cannot be revoked, amended or changed in any way.

LAPSE

Under a will, the failure of a gift of property. A gift lapses when the beneficiary dies before the person who made the will, and no alternate has been named. S... (more...)

Under a will, the failure of a gift of property. A gift lapses when the beneficiary dies before the person who made the will, and no alternate has been named. Some states have anti-lapse statutes, which prevent gifts to relatives of the deceased person from lapsing unless the relative has no heirs of his or her own. A lapsed gift becomes part of the residuary estate.

TAKING AGAINST THE WILL

A procedure under state law that gives a surviving spouse the right to demand a certain share (usually one-third to one-half) of the deceased spouse's property.... (more...)

A procedure under state law that gives a surviving spouse the right to demand a certain share (usually one-third to one-half) of the deceased spouse's property. The surviving spouse can take that share instead of accepting whatever he or she inherited through the deceased spouse's will. If the surviving spouse decides to take the statutory share, it's called 'taking against the will.' Dower and curtesy is another name for the same legal process.

PROBATE COURT

A specialized court or division of a state trial court that considers only cases concerning the distribution of deceased persons' estate. Called 'surrogate cour... (more...)

A specialized court or division of a state trial court that considers only cases concerning the distribution of deceased persons' estate. Called 'surrogate court' in New York and several other states, this court normally examines the authenticity of a will -- or if a person dies intestate, figures out who receives her property under state law. It then oversees a procedure to pay the deceased person's debts and to distribute her assets to the proper inheritors. See probate.

SPENDTHRIFT TRUST

A trust created for a beneficiary the grantor considers irresponsible about money. The trustee keeps control of the trust income, doling out money to the benefi... (more...)

A trust created for a beneficiary the grantor considers irresponsible about money. The trustee keeps control of the trust income, doling out money to the beneficiary as needed, and sometimes paying third parties (creditors, for example) on the beneficiary's behalf, bypassing the beneficiary completely. Spendthrift trusts typically contain a provision prohibiting creditors from seizing the trust fund to satisfy the beneficiary's debts. These trusts are legal in most states, even though creditors hate them.

PROVING A WILL

Convincing a probate court that a document is truly the deceased person's will. Usually this is a simple formality that the executor or administrator easily sat... (more...)

Convincing a probate court that a document is truly the deceased person's will. Usually this is a simple formality that the executor or administrator easily satisfies by showing that the will was signed and dated by the deceased person in front of two or more witnesses. When the will is holographic -- that is, completely handwritten by the deceased and not witnessed, it is still valid in many states if the executor can produce relatives and friends to testify that the handwriting is that of the deceased.

ESTATE TAXES

Taxes imposed by the state or federal government on property as it passes from the dead to the living. All property you own, whatever the form of ownership, and... (more...)

Taxes imposed by the state or federal government on property as it passes from the dead to the living. All property you own, whatever the form of ownership, and whether or not it goes through probate after your death, is subject to federal estate tax. Currently, however, federal estate tax is due only if your property is worth at least $2 million when you die. The estate tax is scheduled to be repealed for one year, in 2010, but Congress will probably make the repeal (or a very high exempt amount) permanent. Any property left to a surviving spouse (if he or she is a U.S. citizen) or a tax-exempt charity is exempt from federal estate taxes. Many states now also impose their own estate taxes or inheritance taxes.

STATUTORY SHARE

The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceas... (more...)

The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceased spouse's property, but in some states the exact amount of the spouse's share depends on whether or not the couple has young children and, in a few states, on how long the couple was married. In most states, if the deceased spouse left a will, the surviving spouse must choose either what the will provides or the statutory share. Sometimes the statutory share is known by its more arcane legal name, dower and curtesy, or as a forced or elective share.

SAMPLE LEGAL CASES

Brown v. Hackney

... Plaintiff appeals a judgment of final distribution arising out of a probate proceeding in which the court approved personal representative fees payable to defendant by the estate of Christopher Brown (the decedent) based on the proceeds of a wrongful death claim settlement. ...

Assisted Living Concepts, Inc. v. Fellows

... Appellant, Assisted Living Concepts, Inc. (ALC), which is not a party in the underlying probate proceeding, appeals from an order of the probate court denying its motion to quash a subpoena duces tecum and granting the personal representative's motion to compel discovery. ...

Hammond v. Hammond

... three sons. [1]. In March 2009, petitioner filed an action seeking to probate Acy's will and to be appointed her personal representative. Later that year, he sought a declaration regarding ownership of the real property. The trial ...

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Scappoose Wills & Probate Lawyer, Oregon, page 2

Sponsored Law Firm

Law Office of Timothy J. Doherty

SPONSORED LAWYERS

Shule A Washburn

Susan B. Bock

David Samuel Watnick

Alexander L Gund

John Alan Hirschy

Michael B. Merchant

Katharine Laura West

Michael Philip Kerner

Thomas R Graves

Jeffrey Paul Kapp

TIPS

LEGAL TERMS

AUGMENTED ESTATE

IRREVOCABLE TRUST

LAPSE

TAKING AGAINST THE WILL

PROBATE COURT

SPENDTHRIFT TRUST

PROVING A WILL

ESTATE TAXES

STATUTORY SHARE

SAMPLE LEGAL CASES

Brown v. Hackney

Assisted Living Concepts, Inc. v. Fellows

Hammond v. Hammond

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